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Is this wjbk fox 2 Detroit? Wikipedia has it listed as a Fox News affiliate.
Local affiliates have their own news which is not part of the usual corporate talking points. In this case the story appears to be accurate.

They really should have interjected some knowledge into this: “"He starts the car, removes his foot from the clutch, and you know what happens? The Jeep jumps and kills my client," said attorney David Femminineo” - you know, like, “Cars with manual transmissions are designed to move forward when the clutch is released.”

The comment by the writer “That’s the law.” shows they were willing to interject their own ignorance opinion into the story. A good reporter would have gone to another lawyer or perhaps a state authority for a comment on whether that makes sense and what part of the law they might be quoting.

Instead they got the entire story from the one lawyer - which is piss-poor reporting, even for a TV station (of any network).

I appreciate that no allpar person went on a long rant about bad government. We have no idea if the judge will dismiss this case instantly. We have no idea if there really is a Michigan law allowing this. Nothing but the word of one morally bankrupt lawyer.

Shame bar associations don't kick people out more easily.
 

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This is not a national story pushed down from above.
Bias on certain issues has been pushed by Sinclair to the local level... if you want to get promoted, you get a good narrative.

But that's not the issue we should be tlaking about.
 

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"had started the car and removed his feet from the clutch"
"Hawkins, who was performing an oil change at the time, was ran over"

Holy crap, how ignorant and unqualified do you have to be to be in the news business? My daughter could have written this correctly at age 6. I would take points off in a performance review and consider replacing someone whose grammar is this bad.
And the first phrase shows that the authors are as ignorant as the mechanic about how to operate a clutch.
Yup. And, again, the only legal opinion he sought was from the guy suing.
 

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Ah. Here are the key bullets.

  • However, a lawyer for the Hawkins family noted that the Jeep owner, who has not been publicly named, will be defended and indemnified by the dealership
  • Rochester Hills Chrysler's insurance, which will ultimately have to foot the monetary damages and legal fees
 

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So weird Michigan law that requires a workaround. Basically, his vehicle is insured by the dealership since the dealership had the vehicle in their possession.
Historically, not so weird - it was part of the New Deal deal. Businesses did not want workers' compensation laws. They were sold the worker's comp with the idea that they couldn't be sued for worker' comp issues. I don't know if it's unusual that you can't even sue for negligence. Probably it is normal. It's like the way social security goes to very very rich people who certainly don't need it. "See, you get something too." All part of the democratic process.

What's interesting is that the dealership is indemnifying the customer completely. I wonder how that happened. Sometimes legal workarounds get very talmudic - "Let's figure out a bypass to our otherwise-bad laws."

I am pretty impressed with the Daily Mail's coverage.
 

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Nice thing about the Daily Mail is that they put almost the whole story right in the headline lol
But then the rest of the story is scattered among oversized photos... I'm really surprised since there are so many ways they could have totally screwed this up instead of fixing it.
 

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It probably took some time to go through the Worker's Comp process and the payout was probably limited. So then you start looking for people to sue.
Part of the rationale for worker’s comp is to limit liability for the companies... historically.
Pennsylvania had a very “progressive” system at one point, before people could sue their employers - you'd get $50 for a leg, $100 for an arm, and so on... (numbers fudged but in the ballpark). Then you could starve to death outside the mine, when that ran out... maybe in six months, maybe in a year, unless you could somehow find a job that only required one arm. That was still better than most states, which treated people as disposable - because you wouldn't want people suing employers over unavoidable workplace accidents, right?

It helps to know how these things evolved. There were two forces at work - shielding companies and shielding workers - and a good deal of evolution. The original ethic was that you worked at your own risk, period. As you can imagine, there was no incentive for most employers to have any sort of regard for safety. In fairness, some types of work were just very dangerous due to the technology - George Westinghouse saved untold lives by inventing the air brake (just as Clessie Cummins did when he invented the diesel brake). He also probably stopped the #1 cause of loss of limbs among railway employees.

I was trained in org psych, learning from the companies’ perspective - often from the leaders’ perspective - so I thought I should learn about the other side. It's quite illuminating and explains much of what we have today. There's apparently no way to avoid the extremes, but without the threat of lawsuits, things like car-lift safety would be handled by the “wait till it falls on top of the mechanic, then repair it” method. Henry Ford was famous for that — one of the last of the truly uncaring industrialists — he advertised a wage almost nobody could get, far and wide, not for his own reputation (though that happened) but so he could have a long line of “replacement parts” at one end of the factory as the dead and wounded were thrown out of the other side.

I won't say the legal system isn't a mess full of rapacious lawyers and insane judges, because it obviously is. I've watched judges in action and find it hard to believe some of them got any training at all. I've seen how cases sorted out, like the one someone mentioned with the minivan latch where the guy was driving drunk, at night, headlights off, the wrong way down a one-way street, and Chrysler had to pay millions to the survivors. Yup. That sucked. But this case seems almost sane - people are working around a broken worker's comp program, and again, there were two forces creating that, one protecting workers and one protecting businesses...
 

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Not just consider, buy. Anyone that has any assets (even just some home equity) should have an umbrella policy. Think of lawsuit verdicts and compare that to the limits in your auto insurance or home insurance policy. And no, I’m not an insurance agent.
I agree. $2 million of coverage for a few hundred dollars a year? Absolutely worth it.
 

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You've just identified what you're really buying with insurance. What you're doing is paying a retainer for a pack of lawyers.
Partly, yes. But I've known some people who either won or lost cases for over a million dollars. There's a high degree of randomness due to the way courts work. I wish that, as a society, we valued justice enough to use tribunals rather than single judges who tend to lose their sense of proportion over time.
 

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Why name Jeep?

1) One of the few vehicles left with a manual transmission
2) One of a few vehicles that might not have a door on making it possible to start standing outside.
3) It was a Jeep.
I'm going with #3. BMW, Honda, Toyota, Kia, Hyundai, Dodge, and VW all still make cars with manual transmissions, and I'm sure that's not a full list.
 
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